The Rise of Risa

Dear Nieces and Nephews,

Risa Sugarman, Chief Enforcement Counsel, Division of Election Law Enforcement, NYS Board of Elections, was lauded by her Alma Mater, St John’s University, when they posted the following article on their website: “Risa Sugarman '77 Named First-Ever Independent Enforcement Counsel at State Board of Elections”

http://www.stjohns.edu/about/news/2014-07-14/risa-sugarman-77-named-first-ever-independent-enforcement-counsel-state-board-elections#sthash.FX9uxEMr.dpuf

The article states that the Enforcement Counsel operates independently of the four-member State Board of Elections’. However, that is not entirely true when it comes to subpoena powers.

Section 6203.1 Subtitle V of Title 9 NYCRR Administration of oaths, examination of witnesses and issuance of subpoenas.

 (c) The chief enforcement counsel may at any time ask that the board authorize him or her to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision 5 and 6 of section 3-102 of the Election Law. The board shall vote on whether to grant or refuse to grant such authority no later than 20 days after the chief enforcement counsel makes such request. For purposes of considering and voting on such request, the chief enforcement counsel shall be entitled to participate in all matters related thereto and shall vote on the board's granting or refusal to grant such request only when there is a tie. Should the board not vote on such request within 20 days of its submission, or grant the chief enforcement counsel's request, the chief enforcement counsel shall be so empowered to act pursuant to subdivisions 5 and 6 of section 3-102 of the Election Law.

In plain English:

The commissioners have the power to designate subpoena powers. The chief enforcement counsel may request the board to issue subpoena powers to said counsel but if they do not act on the request within 20 days, then it becomes a “yes” for the Chief Enforcement Counsel to have subpoena powers. (The CEC also votes as a "tiebreaker")

Not entirely independent but still a lot of power.

Have any subpoenas been issued by the Chief Enforcement Counsel or the State Board of Elections in regard to Carmen Dubaldi’s (allegedly-and we love saying that) violation of Campaign Finance Law? Has Ms. Sugarman made that request of the Board (that subpoenas be issued)?

Not that we have heard.

Risa Sugarman has an excellent background in criminal law including her 20 years as Chief, Homicide and Trial Division 50, Bronx County District Attorney Office August 1977 – October 1997

https://www.linkedin.com/in/risa-sugarman-05107913

It was during her tenure in the Bronx DA’s Office that she encountered these two:

                     

 Deprospo                             Petrizzo                                          

Risa Sugarman, a registered Democrat, was their boss in the Bronx DA’s office.

When Risa ran for Orange County District Attorney* against Frank Phillips, the incumbent Republican, Billy Deprospo, as 1^st Vice Chair of the OC Republican Party, was heard speaking of Risa in such glowing terms that it had been interpreted as an endorsement of her candidacy. Chairman Hicks threatened to bring charges of disloyalty to the Party against Billy but then was persuaded not to do so, since it would have created “a rift” in the OC Republican party. (Unfortunately later on, due to Billy’s leadership capabilities or lack thereof, the rift did occur when Billy became Chairman)

Auntie wonders if there is a current relationship between Deprospo and Sugarman; if so, wouldn’t she have to recuse herself from investigating Carmen because of her relationship with Billy and Billy’s relationship with Carmen?

If Risa was to subpoena anyone else in the Dubaldi case, it should include Eddie Diana (Former OC Executive) and Annie Rabbitt (Current OC Clerk). They also were "crime victims", even though they failed to report it to the authorities

The questions Risa should ask of Annie and Eddie “When were you aware of the theft of campaign funds?” What action(s) did you take?

Maybe Risa knows of Billy and Eddies refusal to honor the Donnnery commission subpoenas and doesn’t want to lose face when they refuse hers.

Do not lose sight that as an attorney Billy Deprospo is an officer of the court and should be held to a higher standard.

So many unanswered questions! The main one being: Will this Dubaldi case windup in the cold case files?

   

*In Nov 2001 Orange County District Attorney:

Frank Phillips*, C-R: 38,510

Risa Sugarman, D-WF: 22,459